Form 110 - Designation of Exempt Person (and Instructions)
Note: electronic filing has been strongly recommended since 2012.
Attachment 4735
Attachment 4733 (locally stored)
Attachment 4734 (locally stored)
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Form 110 - Designation of Exempt Person (and Instructions)
Note: electronic filing has been strongly recommended since 2012.
Attachment 4735
Attachment 4733 (locally stored)
Attachment 4734 (locally stored)
...Until recently, with the "Omission" of the Trading with the Enemy Act from the Bankers' Code, the common man or woman endorsing private credit from the Fed has been considered a state bank.
Thank you Allodial, that should open a few more eyes than mine,
David Merrill.
P.S. I have saved the files to disk.
I figured it would be interesting at the least to you and others. Also, the form (as Chex has pointed out also) that there are those who are exempt from FinCEN transaction reports. Psycopathic, envious or shady tellers have been known to file nasty FinCEN reports out of spite--with the exemption certificate in place I suspect tellers and bank staff would be open to sever criminal and civil liability should they do such things in face of an exemption. Conceivably a substitute certificate could be executed by an accountholder or the like and served on the bank through Treasury (i.e. copy to the bank w/ certificate of service and original to Treasury --by fax or by mail).Quote:
Originally Posted by David Merrill
P.S. Something tells me that, where applicable, a "Certificate of Exemption In Lieu of FinCEN Form 110" might go well with a W8 or the like.
15 U.S. Code § 6801 - Protection of nonpublic personal information.
(a) Privacy obligation policy
It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers’ nonpublic personal information.
(1) to insure the security and confidentiality of customer records and information;
(2) to protect against any anticipated threats or hazards to the security or integrity of such records; and
(3) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.
15 U.S. Code § 6804 – Rulemaking
Regulatory authority
(1) Rulemaking
(A) In general
Except as provided in subparagraph (C), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title (and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [12 U.S.C. 5511 et seq.]), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.
15 U.S. Code § 6805 – Enforcement.
This subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law as follows:
31 CFR 1010.520 - Information sharing between government agencies and financial institutions.
(C) Each financial institution shall maintain adequate procedures to protect the security and confidentiality of requests from FinCEN for information under this section. The requirements of this paragraph (b)(3)(iv)(C) shall be deemed satisfied to the extent that a financial institution applies to such information procedures that the institution has established to satisfy the requirements of section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801), and applicable regulations issued thereunder, with regard to the protection of its customers' nonpublic personal information.
The term “Federal functional regulator” means 15 U.S. Code § 6809 – Definitions
(4) Nonpublic personal information
(A) The term “nonpublic personal information” means personally identifiable financial information—
(i) Provided by a consumer to a financial institution;
(ii) Resulting from any transaction with the consumer or any service performed for the consumer; or
(iii) Otherwise obtained by the financial institution.
(B) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title.
(C) Notwithstanding subparagraph (B), such term—
(i) Shall include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived using any nonpublic personal information other than publicly available information; but
(ii) Shall not include any list, description, or other grouping of consumers (and publicly available information pertaining to them) that is derived without using any nonpublic personal information.
The Gramm-Leach-Bliley Act was enacted on November 12, 1999. In addition to reforming the financial services industry, the Act addressed concerns relating to consumer financial privacy. The Gramm-Leach-Bliley Act required the Federal Trade Commission (FTC) and other government agencies that regulate financial institutions to implement regulations to carry out the Act's financial privacy provisions (GLB Act). The regulations required all covered businesses to be in full compliance by July 1, 2001.
The FTC is responsible for enforcing its Privacy of Consumer Financial Information Rule (Privacy Rule). Anyone who uses this Guide should also review the Privacy Rule, found at 16 C.F.R. Part 313 (May 24, 2000).
Gramm-Leach-Bliley Act
Federal Functional Regulator Law & Legal Definition,
The primary purpose of the W-8 form is to indicate to mutual fund companies and brokers that a foreign investor isn't subject to standard taxation practices where ... to indicate to mutual fund companies and brokers that a foreign investor isn't subject to standard taxation practices where investment income is not taxed.
In a nutshell, a W 8 form is used by foreign businesses and non-resident aliens earning income from U.S. sources. Its purpose is mainly to let ... You probably don't have to worry about the W 8 form -- unless you're a non-resident alien. American citizens generally do not need to use W 8 forms, nor do resident aliens -- instead, they would use the corresponding W-9 form that certifies their tax identification number.
"Of Course - With (the) respect to financial institutions and other persons subject to their respective jurisdiction"……………………
I don't recall the site and so cannot give credit where credit is due:
That (quote from Investopedia) is "kosher pig poop seasoned with hen's teeth"--it just ain't so. The W8 is for anyone who is not citizen or national of the United States. Many banks may refuse to or are unable to provide bank accounts which are non-interest bearing which can result in reportable income for U.S. residents or U.S. citizens. A W8 or substitute document can be utilized by anyone who is not a citizen or national of the United States to assert their foreign status. The W8 can be utilized in any U.S. situation where there is or could be income. This is important considering that that one can be, say, a Texan and be foreign to the United States.Quote:
Originally Posted by Chex
The term "American citizen" means U.S. citizen.Quote:
Originally Posted by Chex
Quote:
Originally Posted by allodial
The term "American citizen" means U.S. citizen....also means national of the United States.......no distinction among the 3 terms.
And true.....a Texan would be foreign to the United States....just as the invading usurper "United States" is foreign to the Nation "Texas".
That may be the case though I don't recall any statutory definition showing American citizen (U.S. citizen or citizen of the United States) to include U.S. nationals (but it could). The key distinction worth noting, IMHO, is whether or not one regarded to be a citizen of the United States is in fact a "person born subject to the jurisdiction of the United States".Quote:
Originally Posted by ag maniac
P.S. Florida government officials are on record referring to Florida as a nation.
It is codified at 8 USC 1101(a)(22).....with (B) referring to the territories
Quote:
(22) The term “national of the United States” means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.
Each of the several states is a nation....all but practically abandoned by the people who are currently participating in the federal benefits & privileges program.
But Fedgov knows they're there......,here's an obscure reference in section 5.23 of the Government Style Manual
Quote:
In designating the natives of the States, the following forms will be used.
Alabamian Louisianian Ohioan Alaskan Mainer Oklahoman Arizonan Marylander Oregonian Arkansan Massachusettsan Pennsylvanian Californian Michiganian Rhode Islander Coloradan Minnesotan South Carolinian Connecticuter Mississippian South Dakotan Delawarean Missourian Tennessean Floridian Montanan Texan Georgian Nebraskan Utahn Hawaiian Nevadan Vermonter Idahoan New Hampshirite Virginian Illinoisan New Jerseyan Washingtonian Indianian New Mexican West Virginian Iowan New Yorker Wisconsinite Kansan North Carolinian Wyomingite Kentuckian North Dakotan
Grammatically correct....I'm New Yorker........not "a" New Yorker. But I left that land more than half my life ago for Florida. So I now claim Floridian as my nationality (also long enuff to qualify as "1/2 cracker" ;-]
Don’t know who Immihelp is but here is there interpretation.Quote:
(U.S. citizen or citizen of the United States) to include U.S. nationals (but it could).
U.S. National - Difference between U.S. Citizen and U.S. National
IRS interpretation
Alien An individual who is not a U.S. citizen or U.S. national.
U.S. National An individual who owes his sole allegiance to the United States, including all U.S. citizens, and including some individuals who are not U.S. citizens. For tax purposes the term "U.S. national" refers to individuals who were born in American Samoa or were born in the Commonwealth of the Northern Mariana Islands who have made the election to be treated as U.S. nationals and not as U.S. citizens.
Immigrant An alien who has been granted the right by the USCIS to reside permanently in the United States and to work without restrictions in the United States
Nonimmigrant An alien who has been granted the right by the USCIS to reside temporarily in the United States. Each nonimmigrant is admitted into the United States in the nonimmigrant status, which corresponds to the class of visa with which, or purpose for which, he entered the United States.
An individual who owes his sole allegiance to the United States.
Merriam Webster dictionary defines a citizen as “a person owing allegiance to and entitled to the protection of a sovereign state.”
Black’s Law dictionary defines a citizen as “a person who owes allegiance to, and may claim reciprocal protection from, a government.”
If one fails to indicate otherwise, they will presume upon you the status of 'person born subject to the jurisdiction of the United States' (i.e. a U.S. citizen per the 14th amendment) and corporate status generally.Quote:
Originally Posted by ag maniac
The presumption of your membership is HISTORICALLY accomplished in three ways:
1. By land (jus soli)
2. By blood (jus sanguinis)
3. Your continued consent to be governed, by fact or presumption of law.
But an express rescission of all the ties that bind & pledging allegiance per 8USC1481(a)(2) is in accord w/ obtaining a Certificate of Nationality issued by Secretary of State. I'm sure certified copies noticed to local/state authorities may place one "with standing".
Tip: Florida Nationality has little to nothing to do with D.C. IMHO, if you're looking to DC for that, you're looking in the wrong place. Regarding jus soli and jus sanguinis, consider that you have jurisdictions running in parallel.Quote:
Originally Posted by ag maniac
Absolutely right.....I'm not looking to DC for legitimacy on a State National declaration. That's my declaration of allegiance & I stand by it.....can't seek validation from without.
No, I see 8usc1502 as the "do not detain" statute --> Fed SoS let's his "STATE OF" SoS know about an "American national" "in his district". STATE OF SoS --> ALSO wearing the State SoS hat simultaneously (that foreign state to the US), is now obliged to let his agents know about one's corrected status. I know....."works on paper".....but that's how I interpret 1502's language.
By that time however, all the players should know who you are by declaration....via registered mail. They sure can't rebut that.....their "law" doesn't allow it. 'Course, you've got to "govern yourself accordingly"
The 14th alters the nature of allegiance, without the consent of the people, by reversing paramount allegiance away from the state and towards the Feds by making "all persons born or naturalized in the United States, ....[are] SUBJECT to the jurisdiction....." of Congress.
......funny how the "expatriation act" [15 stat 223 ch249] was passed the day before 7/27/68 the 14th Amendment was ratified 7/28/68.
About those parallel jurisdictions......I imagine claiming the BC might place one in either
That is the thing, certain, if not all, state officials have 'two faces': one is for their obligations on the federal side and the other is their obligations on the organic state side.
42 U.S.C. § 1983, commonly referred to as "section 1983" provides:
Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
A state is not a "person" under section 1983, but a city is a person under the law (Will v. Michigan Department of State Police, 491 U.S. 58, 109 S. Ct. 2304, 105 L. Ed. 2d 45 [1989]). Similarly, state officials sued in their official capacities are not deemed persons under section 1983, but if sued in their personal capacities, they are considered to be persons. Thus if a plaintiff wants to bring a section 1983 claim against a state official, she or he must name the defendants in their personal capacity and not in their professional capacity. Like a state, a territory, such as the territory of Guam, is not considered to be a person for the purposes of section 1983.- http://legal-dictionary.thefreedictionar...ction+1983
Saving to suitors clause
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction,
(2) Saving to suitors in all cases all other remedies to which they are otherwise entitled.
(3) 28 U.S.C. § 1333(1) (emphasis added).Feb 15, 2011
28 U.S.C. § 1333(1) (emphasis added). Under this rule, in circumstances where a plaintiff
(1) Possesses both state common-law claims as well as maritime claims arising from a single transaction, but
(2) chooses to file an in personam suit in state court rather than an in rem suit in a federal forum, the plaintiff's forum and choice-of-law selections may not be circumvented by removal by the defendant to federal court unless federal jurisdiction is proper on grounds other than the maritime or admiralty claims arising from the events that are the subject of the suit.